EXISTING SERVICES AND STRUCTURES Clause Samples
The 'Existing Services and Structures' clause defines the treatment and status of any utilities, infrastructure, or physical improvements already present on a property prior to the commencement of a project or agreement. It typically outlines which party is responsible for identifying, maintaining, or relocating these existing elements, and may require the disclosure of their locations or conditions. This clause ensures that both parties are aware of pre-existing conditions, thereby preventing disputes over responsibility and facilitating smooth project planning and execution.
EXISTING SERVICES AND STRUCTURES. The Contractor may only modify or remove existing structures or services within the Site in accordance with the Works Description and any Design Documentation the Contractor is entitled to use under clause 6.3(c) of the Conditions of Contract. The Contractor must obtain the prior written approval from the Contract Administrator in relation to the timing of any connection, disconnection or interference with existing structures and services. Existing infrastructure records and information that are currently available must not be taken to be complete nor accurate. The Contractor must carry out investigations to verify services locations prior to any excavations. Where an existing service, whether within the Site or outside of the Site, is shown in the Works Description and any Design Documentation the Contractor is entitled to use under clause 6.3(c) of the Conditions of Contract or should have been shown in the Works Description and any Design Documentation the Contractor is entitled to use under clause 6.3(c) of the Conditions of Contract, is evident on the Site or has been notified in writing by the Contract Administrator to the Contractor, the Contractor is responsible for the cost of any necessary repair or relocation in the event of damage. The Contractor must notify the Contract Administrator immediately upon the discovery of services or obstructions not shown in the Works Description and any Design Documentation the Contractor is entitled to use under clause 6.3(c) of the Conditions of Contract or identified by inspection. The Contractor must immediately notify the Contract Administrator in the event of damage to any water, gas, steam, compressed air, electric, drainage, sewerage, telephone, fire alarm, control cable or other services in the area. The Contractor must also repair, divert, relocate, cut, seal, disconnect or make safe as required by the relevant authority and so as to ensure continued operation. The Contractor must, with every care and skill, support and protect all structures, walls, fences and all services, property and existing landscaping which may, unless so protected, be damaged as a result of the execution of the Works and must comply with the requirements of the Commonwealth, of relevant authorities and others controlling those structures, fences, services, landscaping and property for their protection from damage during construction or maintenance of the Works.